Judge Rules on McKennan Park McMansion

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Post  Gomezz Adddams on Wed Dec 28, 2016 10:19 am

Circuit court judge John Pekas ruled the owners of a home recently built in McKennan Park violates historic standards and must be brought into compliance. Yikes!

http://www.argusleader.com/story/news/city/2016/12/28/judge-rules-favor-neighbors-mckennan-park-house-dispute/95909442/
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Post  Darth Cheney on Wed Dec 28, 2016 8:36 pm

I have never seen where someone stated exactly how the home doesn't meet compliance. It is the neighbors who encroached upon the property line not the home that was recently built. I would like to see the specific violations and would encourage anyone who knows to list them.
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Post  nightlight88 on Thu Dec 29, 2016 10:50 am

Darth Cheney wrote:I have never seen where someone stated exactly how the home doesn't meet compliance. It is the neighbors who encroached upon the property line not the home that was recently built. I would like to see the specific violations and would encourage anyone who knows to list them.

Here is another example of why a democracy will fail.
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Post  Jammer on Thu Dec 29, 2016 11:13 am

Darth Cheney wrote:I have never seen where someone stated exactly how the home doesn't meet compliance. It is the neighbors who encroached upon the property line not the home that was recently built. I would like to see the specific violations and would encourage anyone who knows to list them.

I really don't know much about the issue or know any of the people involved.  However, based upon the few things that I have read and remember from other sources, I would be on the side of the complainant and the judge who ruled in this matter.

If I remember correctly there were at least 2 issues.  One was on the property setback from the property line and the other was over the elevation of the structure.  I THINK in both cases the new construction was in violation - too close to the property line and the structure was too high.

I am personally not much for all of the rules that go with these historic area designations.  I had a friend years ago who lived in a historic district and wanted to remodel their house.  The rules and regulations were onerous and burdensome.  However, rules are rules.  Either get them changed or don't live in one of these areas would be my answer.  

In this case, it was the existing property owner who was infringed upon based upon the new construction not following the rules and the city for either not paying attention or looking the other way.  I would suspect that Sioux Falls taxpayers will be the ones in the end picking up this very expensive tab.
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Post  Shortie's Ex on Thu Dec 29, 2016 11:58 am

Darth Cheney wrote:I have never seen where someone stated exactly how the home doesn't meet compliance. It is the neighbors who encroached upon the property line not the home that was recently built. I would like to see the specific violations and would encourage anyone who knows to list them.

Detroit Lewis has posted the judge's decision [ http://www.southdacola.com/blog/2016/12/mckennan-park-home-must-be-torn-down-moved-or-rebuilt/ ].  The details are in there.  Maybe Gomezz can give you a Cliffnotes version.  He seems pretty good at a lot of stuff, but especially the legal stuff.
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Post  Darth Cheney on Thu Dec 29, 2016 6:32 pm

Jammer wrote:
Darth Cheney wrote:I have never seen where someone stated exactly how the home doesn't meet compliance. It is the neighbors who encroached upon the property line not the home that was recently built. I would like to see the specific violations and would encourage anyone who knows to list them.

I really don't know much about the issue or know any of the people involved.  However, based upon the few things that I have read and remember from other sources, I would be on the side of the complainant and the judge who ruled in this matter.

If I remember correctly there were at least 2 issues.  One was on the property setback from the property line and the other was over the elevation of the structure.  I THINK in both cases the new construction was in violation - too close to the property line and the structure was too high.

I am personally not much for all of the rules that go with these historic area designations.  I had a friend years ago who lived in a historic district and wanted to remodel their house.  The rules and regulations were onerous and burdensome.  However, rules are rules.  Either get them changed or don't live in one of these areas would be my answer.  

In this case, it was the existing property owner who was infringed upon based upon the new construction not following the rules and the city for either not paying attention or looking the other way.  I would suspect that Sioux Falls taxpayers will be the ones in the end picking up this very expensive tab.

Actually the new home that was built did have the correct set back distance on their property line. It is the complainant's whose home is actually closer to the property line then it should be. As far as height, I have not seen any specific regulation restricting a home's height. Yes there is a fireplace issue which could have been resolved with a gas fireplace and the tree huggers would have cheered. The one way this could have all been prevented is if the homeowners would have purchased the vacant lot before anything was built. Like I said, so far a bunch of knee jerk reaction...if you don't want a neighbor, buy the property. I do know they did not encroach on the property and am keeping an open mind. So far I hear a bunch of people envious of someone who can afford to construct a large home...waaaaa.
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Post  Jammer on Thu Dec 29, 2016 6:56 pm

Darth Cheney wrote:
Jammer wrote:
Darth Cheney wrote:I have never seen where someone stated exactly how the home doesn't meet compliance. It is the neighbors who encroached upon the property line not the home that was recently built. I would like to see the specific violations and would encourage anyone who knows to list them.

I really don't know much about the issue or know any of the people involved.  However, based upon the few things that I have read and remember from other sources, I would be on the side of the complainant and the judge who ruled in this matter.

If I remember correctly there were at least 2 issues.  One was on the property setback from the property line and the other was over the elevation of the structure.  I THINK in both cases the new construction was in violation - too close to the property line and the structure was too high.

I am personally not much for all of the rules that go with these historic area designations.  I had a friend years ago who lived in a historic district and wanted to remodel their house.  The rules and regulations were onerous and burdensome.  However, rules are rules.  Either get them changed or don't live in one of these areas would be my answer.  

In this case, it was the existing property owner who was infringed upon based upon the new construction not following the rules and the city for either not paying attention or looking the other way.  I would suspect that Sioux Falls taxpayers will be the ones in the end picking up this very expensive tab.

Actually the new home that was built did have the correct set back distance on their property line. It is the complainant's whose home is actually closer to the property line then it should be. As far as height, I have not seen any specific regulation restricting a home's height. Yes there is a fireplace issue which could have been resolved with a gas fireplace and the tree huggers would have cheered. The one way this could have all been prevented is if the homeowners would have purchased the vacant lot before anything was built. Like I said, so far a bunch of knee jerk reaction...if you don't want a neighbor, buy the property. I do know they did not encroach on the property and am keeping an open mind. So far I hear a bunch of people envious of someone who can afford to construct a large home...waaaaa.

Sounds like my mistake on the property setback thing.  I have not paid attention to this particular situation.  However, when it first came up months ago I did read about it back then and I remembered 2 issues, the property setback and some height restriction.  I don't remember if it was an overall building height restriction or no 2 story dwellings.

In any event, it is not of particular importance to me.  It would be highly unlikely that I would ever get into this type of predicament.  I have no interest in living on a postage size lot nor living in a historical area.  For the most part, you have a bunch of artsy craftsy liberals living in those areas.  By the way, I wonder if the tree hugging bitch who lives down the street might not be happy there.
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Post  Shortie's Ex on Sat Dec 31, 2016 8:44 am

Mr Jammer and Darth both need to read the judicial opinion. You are both a bit 'off' in your understanding of the case, the parameters of various law which prevail over this sort of situation, as well as the testimony and evidence presented to the judge.
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Post  Darth Cheney on Sat Dec 31, 2016 9:56 am

Shortie's Ex wrote:Mr Jammer and Darth both need to read the judicial opinion. You are both a bit 'off' in your understanding of the case, the parameters of various law which prevail over this sort of situation, as well as the testimony and evidence presented to the judge.

Your reading comprehension is as bad as Jackoff Jones. This is all because the existing home is 2 ft from the lot line and the new home is 5' from the lot line...both allowable as to when the homes where constructed. Just because the fireplace requires a 10' setback...tough shiste. They should have purchased the property. They could also install a gas fireplace as burning wood is something only someone from the basket of deplorable s would do. I would guess the dumb ass judges knee jerk reaction won't stand the next round of legal proceedings but in the end he and the attorney's will win their financial windfall. This thing stinks of typical liberalism and activist judges.

Personally, I wouldn't want to live next to these litigation friendly azzholes who think everyone else needs to bend to what they feel is how the world goes round. I hope they fail...
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Post  Jammer on Sat Dec 31, 2016 10:28 am

Shortie's Ex wrote:Mr Jammer and Darth both need to read the judicial opinion.  You are both a bit 'off' in your understanding of the case, the parameters of various law which prevail over this sort of situation, as well as the testimony and evidence presented to the judge.

Can you read that gibberish and not think Rufusx?
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Post  Jammer on Sat Dec 31, 2016 10:30 am

Darth Cheney wrote:
Shortie's Ex wrote:Mr Jammer and Darth both need to read the judicial opinion.  You are both a bit 'off' in your understanding of the case, the parameters of various law which prevail over this sort of situation, as well as the testimony and evidence presented to the judge.

Your reading comprehension is as bad as Jackoff Jones. This is all because the existing home is 2 ft from the lot line and the new home is 5' from the lot line...both allowable as to when the homes where constructed. Just because the fireplace requires a 10' setback...tough shiste. They should have purchased the property. They could also install a gas fireplace as burning wood is something only someone from the basket of deplorable s would do. I would guess the dumb ass judges knee jerk reaction won't stand the next round of legal proceedings but in the end he and the attorney's will win their financial windfall. This thing stinks of typical liberalism and activist judges.

Personally, I wouldn't want to live next to these litigation friendly azzholes who think everyone else needs to bend to what they feel is how the world goes round. I hope they fail...

I would not be surprised if both parties are flaming liberals.  Just one more reason not to live in a historic area.  Too many of these artsy craftsy assholes think they are such cute places to live.
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Post  nightlight88 on Sat Dec 31, 2016 10:09 pm

Jammer wrote:
Shortie's Ex wrote:Mr Jammer and Darth both need to read the judicial opinion.  You are both a bit 'off' in your understanding of the case, the parameters of various law which prevail over this sort of situation, as well as the testimony and evidence presented to the judge.

Can you read that gibberish and not think Rufusx?

OMG, I just threw up a bit in my mouth.
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Post  Gomezz Adddams on Sat Dec 31, 2016 10:57 pm

Jammer wrote:
Darth Cheney wrote:
Shortie's Ex wrote:Mr Jammer and Darth both need to read the judicial opinion.  You are both a bit 'off' in your understanding of the case, the parameters of various law which prevail over this sort of situation, as well as the testimony and evidence presented to the judge.

Your reading comprehension is as bad as Jackoff Jones. This is all because the existing home is 2 ft from the lot line and the new home is 5' from the lot line...both allowable as to when the homes where constructed. Just because the fireplace requires a 10' setback...tough shiste. They should have purchased the property. They could also install a gas fireplace as burning wood is something only someone from the basket of deplorable s would do. I would guess the dumb ass judges knee jerk reaction won't stand the next round of legal proceedings but in the end he and the attorney's will win their financial windfall. This thing stinks of typical liberalism and activist judges.

Personally, I wouldn't want to live next to these litigation friendly azzholes who think everyone else needs to bend to what they feel is how the world goes round. I hope they fail...

I would not be surprised if both parties are flaming liberals.  Just one more reason not to live in a historic area.  Too many of these artsy craftsy assholes think they are such cute places to live.

I know Pierce McDowell, owner of the historical home, and have done business with him on countless occasions. Nice guy and as far as I recall he's a Republican. His business is managing perpetual trusts in Sioux Falls. Since Obama and Democrats are pissed off by perpetual trusts that's at least one point in his favor in my book.

While the Sapienza's house may meet zoning offsets, building a house that big on a lot that small in the McKennan Park neighborhood is beyond stoopid. Stoopid ass doctors in Sioux Falls think they can come into older neighborhoods and build these McMansions without some pushback. Hell I have a pair of orthopedic surgeons not far from my house building a McMansion with a garage that is bigger than my entire house. While the lot is bigger than the one in McKennan park, their entire house looks like crap. Totally ruins the country atmosphere of the neighborhood.

Here's my Solomon solution to the issue. The city of Sioux Falls and the Sapienzas split the cost of buying the McDowell house for it's historical value and allow the McDowell's to live there rent free until they move or die. The wood burning fireplace would be replaced by a gas burner and the Sapienza's house is granted an exemption to historical standards. The entire Sioux Falls Historical Board will resign to be replaced with at least two architects and people who have a sense or knowledge of historical homes since it's obvious that none of the current members do. Easy peazy.
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Post  Darth Cheney on Sun Jan 01, 2017 6:15 am

I'm not willing to dye on this cross...there should be more specific historical regulations rather than: "shouldn't be taller than 10% of most historical homes...", what is that? That is the type of verbiage that will keep ambulance chasing attorneys in the lap of luxury. Hate to get into the habit of telling anyone how big of home they can build. Typically it will raise the values of the other smaller homes in the neighborhood. That is a nice part of town and can't blame them for wanting to build their dream house. The house next door does look small now and believe they lost some value...some, not free rent. I'm sure the lot cost a fortune. Tighten up the Historical Home requirement language and get used to the 7' separation distance...I can show you blocks and blocks of $$$million dollar homes in Omaha built closer to one another.

I will also state they aren't going to tear the house down, move it, or lower the roof by 8' so a monetary exchange is coming. A gas fireplace would have zero effect and it is there home 2' from the lot line...get over it.
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Post  Jammer on Sun Jan 01, 2017 1:28 pm

Gomezz Adddams wrote:
Jammer wrote:
Darth Cheney wrote:
Shortie's Ex wrote:Mr Jammer and Darth both need to read the judicial opinion.  You are both a bit 'off' in your understanding of the case, the parameters of various law which prevail over this sort of situation, as well as the testimony and evidence presented to the judge.

Your reading comprehension is as bad as Jackoff Jones. This is all because the existing home is 2 ft from the lot line and the new home is 5' from the lot line...both allowable as to when the homes where constructed. Just because the fireplace requires a 10' setback...tough shiste. They should have purchased the property. They could also install a gas fireplace as burning wood is something only someone from the basket of deplorable s would do. I would guess the dumb ass judges knee jerk reaction won't stand the next round of legal proceedings but in the end he and the attorney's will win their financial windfall. This thing stinks of typical liberalism and activist judges.

Personally, I wouldn't want to live next to these litigation friendly azzholes who think everyone else needs to bend to what they feel is how the world goes round. I hope they fail...

I would not be surprised if both parties are flaming liberals.  Just one more reason not to live in a historic area.  Too many of these artsy craftsy assholes think they are such cute places to live.

I know Pierce McDowell, owner of the historical home, and have done business with him on countless occasions. Nice guy and as far as I recall he's a Republican. His business is managing perpetual trusts in Sioux Falls. Since Obama  and Democrats are pissed off by perpetual trusts that's at least one point in his favor in my book.

While the Sapienza's house may meet zoning offsets, building a house that big on a lot that small in the McKennan Park neighborhood is beyond stoopid. Stoopid ass doctors in Sioux Falls think they can come into older neighborhoods and build these McMansions without some pushback. Hell I have a pair of orthopedic surgeons not far from my house building a McMansion with a garage that is bigger than my entire house. While the lot is bigger than the one in McKennan park, their entire house looks like crap. Totally ruins the country atmosphere of the neighborhood.

Here's my Solomon solution to the issue. The city of Sioux Falls and the Sapienzas split the cost of buying the McDowell house for it's historical value and allow the McDowell's to live there rent free until they move or die. The wood burning fireplace would be replaced by a gas burner and the Sapienza's house is granted an exemption to historical standards. The entire Sioux Falls Historical Board will resign to be replaced with at least two architects and people who have a sense or knowledge of historical homes since it's obvious that none of the current members do. Easy peazy.

I think the good ship "Easy Peazy" has set sail on this one.  The time for Easy Peazy was before they turned the first shovel of dirt.  Once they started construction, Easy Peazy could be seen sailing into the sunset.
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Post  Jammer on Sun Jan 01, 2017 1:34 pm

Darth Cheney wrote:I'm not willing to dye on this cross...there should be more specific historical regulations rather than: "shouldn't be taller than 10% of most historical homes...", what is that? That is the type of verbiage that will keep ambulance chasing attorneys in the lap of luxury. Hate to get into the habit of telling anyone how big of home they can build. Typically it will raise the values of the other smaller homes in the neighborhood. That is a nice part of town and can't blame them for wanting to build their dream house. The house next door does look small now and believe they lost some value...some, not free rent. I'm sure the lot cost a fortune. Tighten up the Historical Home requirement language and get used to the 7' separation distance...I can show you blocks and blocks of $$$million dollar homes in Omaha built closer to one another.

I will also state they aren't going to tear the house down, move it, or lower the roof by 8' so a monetary exchange is coming. A gas fireplace would have zero effect and it is there home 2' from the lot line...get over it.

WOW, that is the ACTUAL REGULATION?   That was obviously written by a dumbass liberal.  Most liberals are artsy craftsy assholes and don't have an analytical bone in their body.  That is part of the reason they screw everything up when they get elected to any position.  Not only do they have an evil agenda, but they are not capable of managing anything.  They are clueless twits in addition to being EVIL CRETINS.
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Post  Shortie's Ex on Mon Jan 02, 2017 10:36 pm

Thank you Gomezz for setting the record straight about the requirements for building in a historic preservation district.
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Post  Darth Cheney on Tue Jan 03, 2017 6:04 am

Shortie's Ex wrote:Thank you Gomezz for setting the record straight about the requirements for building in a historic preservation district.

Why do liberals have zero reading comprehension? Is it a function of their mental illness?
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